Case 5:14-cv-05275-TLB Document 144 Filed 02/22/17 Page 1 of 5 PageID #: 6997 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS IN RE GLOBAL TEL*LINK CORPORATION ICS LITIGATION Civil Action No. 5:14-cv-5275-TLB JOINT MOTION FOR APPROVAL OF THE PROPOSED FORM AND MANNER OF NOTICE OF PENDENCY OF CLASS ACTION Pursuant to the Court s Memorandum Opinion and Order dated February 3, 2017 (ECF No. 138) (the Class Certification Order ), Class Representatives Kaylan Stuart, Dustin Murilla, Walter Chruby, and Rocky Hobbs ( Plaintiffs ), and Defendant Global Tel*Link Corporation, ( GTL ) 1 (collectively the Parties ), respectfully submit this Joint Motion for Approval of Proposed Form and Manner of Notice of Pendency of Class Action ( Joint Motion ), and in support of their Joint Motion, state as follows: 1. On February 3, 2017, this Court certified a Class under Count 1 of the Second Amended Consolidated Complaint and four Subclasses under Count II of the Second Amended Consolidated Complaint to proceed pursuant to Federal Rule of Civil Procedure 23. See ECF No. 138, at 21-22. 2. The Court further ordered that the parties proposal(s) for the form and manner of Notice... shall be submitted to the Court within fourteen (14) days of the date of this Order. Id., at 23. 3. On February 16, 2017, the Court issued a Text Only Order extending the Parties deadline to submit their joint proposal for the form and manner of Notice from February 17, 2017 to February 22, 2017. 1 GTL continues to reserve and preserve all of its objections and arguments regarding the propriety of class certification.
Case 5:14-cv-05275-TLB Document 144 Filed 02/22/17 Page 2 of 5 PageID #: 6998 4. Class Counsel and counsel for Defendant have met and conferred, and have reached full agreement as to the following proposed plan for the form and manner of Notice of Pendency of Class Action ( Proposed Notice ): a) On or before June 1, 2017, Global Tel*Link Corporation ( GTL ) shall provide to Class Counsel all names and addresses maintained in its records of AdvancePay TM accountholders who appear to be members of the Class; b) On or before July 5, 2017, Class Counsel shall cause Notice, in the form attached hereto as Exhibit A (the Notice ), to be provided to AdvancePay TM accountholders via first class mail, or other reasonably practicable means; c) Beginning on July 5, 2017, GTL shall cause Notice, in the form attached hereto as Exhibit A, to be available via a link titled Class Action Notice Regarding Interstate Calling Charges posted on GTL s homepage at https://web.connectnetwork.com for a period of sixty (60) days; d) On or about July 5, 2017, for period of sixty (60) days, Class Counsel shall cause Notice, in the form attached hereto as Exhibit A, to be published in print and online editions of Prison Legal News; and e) On or about July 5, 2017, Class Counsel shall cause the Notice Administrator to establish a website where Notice, in the form attached hereto as Exhibit A, will be posted for a period of sixty (60) days. Class Counsel shall cause notification of such website to be disseminated via internet advertisement banners for a period not to exceed sixty (60) days. 5. As reflected above, the Proposed Notice provides for individual Notice to AdvancePay TM accountholders to the extent practicable, and a link to the Notice on GTL s website, where AdvancePay TM accountholders may go to fund their accounts and/or obtain information about GTL s inmate calling services. The Parties continue to meet and confer to determine the precise number of Class members with AdvancePay TM accounts, and identify those AdvancePay TM accountholders for whom GTL maintains names and addresses in its records. 2
Case 5:14-cv-05275-TLB Document 144 Filed 02/22/17 Page 3 of 5 PageID #: 6999 6. The Notice will additionally be published in print and online editions of Prison Legal News, a nationwide publication intended for inmates and their families. Further, internet banner advertisements will direct members of the Class to a dedicated website where the Notice will also be posted. 7. In further support of their Motion, the Parties submit that the Notice provides all the information required by, and so fully satisfies, Federal Rule of Civil Procedure 23(c)(2)(B)(ivii). Accordingly, the Parties respectfully request that the Court grant their Joint Motion for Approval of the Form and Manner of Notice of Pendency of Class Action. Dated: February 22, 2017 Respectfully Submitted, KESSLER TOPAZ MELTZER & CHECK, LLP GREENBERG TRAURIG, LLP /s/ Peter A. Muhic Peter A. Muhic (Pro Hac Vice) Donna Siegel Moffa (Pro Hac Vice) Monique Myatt Galloway (Pro Hac Vice) Amanda R. Trask (Pro Hac Vice) 280 King of Prussia Road Radnor, PA 19087 Telephone: (610) 667-7706 Facsimile: (610) 667-7056 Email: pmuhic@ktmc.com Email: dmoffa@ktmc.com Email: mgalloway@ktmc.com Email: atrask@ktmc.com Chair, Co-Lead Class Counsel /s/ Robert J. Herrington Robert J. Herrington 1840 Century Park East, Suite 1900 Los Angeles, California 90067 Telephone: (310) 586-7816 Facsimile: (310) 586-7800 Email: herringtonr@gtlaw.com Michael R. Sklaire 1750 Tysons Boulevard, Suite 1000 McLean, Virginia 22102 Tel. 703.749.1308 Telephone: (703) 714-8308 Facsimile: (703) 749-1308 Email: sklairem@gtlaw.com 3
Case 5:14-cv-05275-TLB Document 144 Filed 02/22/17 Page 4 of 5 PageID #: 7000 AMY C. MARTIN, P.A. Amy C. Martin P.O. Box 765 Fayetteville, AR 72702 (479) 422-4611 Email: theamymartin@gmail.com Liaison Class Counsel BERGER & MONTAGUE, P.C. Daniel Berger (Pro Hac Vice) Peter R. Kahana (Pro Hac Vice) Yechiel Michael Twersky (Pro Hac Vice) 1622 Locust Street Philadelphia, PA 19103 Telephone: (215) 875-3000 Facsimile: (215) 875-4604 Email:danberger@bm.net Email:pkahana@bm.net Email:mitwersky@bm.net FRIDAY, ELDRIDGE & CLARK, LLP Marshall S. Ney, Esq. 600 South 52 nd Street, Suite 200 Rogers, AR 72758 Telephone: (479) 696-6049 Facsimile: (479) 845-4363 Email: mney@fridayfirm.com Attorneys for Global Tel*Link Corporation COHEN MILSTEIN SELLERS & TOLL, PLLC Benjamin D. Brown (Pro Hac Vice) Robert Braun (Pro Hac Vice) Emmy L. Levens (Pro Hac Vice) 1100 New York Avenue, NW, Suite 500 Washington, D.C. 20005 Telephone: (202) 408-4600 Facsimile: (202) 408-4699 Email: bbrown@cohenmilstein.com Email: RBraun@cohenmilstein.com Email: elevens@cohenmilstein.com SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. Patrick Howard (Pro Hac Vice) Simon B. Paris (Pro Hac Vice) 1650 Market Street, 52nd Floor Philadelphia, PA 19103 Telephone: (215) 496-8282 Facsimile: (215) 496-0999 Email: sparis@smbb.com Email: phoward@smbb.com Co-Lead Class Counsel 4
Case 5:14-cv-05275-TLB Document 144 Filed 02/22/17 Page 5 of 5 PageID #: 7001 CERTIFICATE OF SERVICE I hereby certify that on February 22, 2017, a true and correct copy of the foregoing document was filed with the Court utilizing its ECF system, which will send notice of such filing to all counsel of record. /s/ Peter A. Muhic Peter A. Muhic (Pro Hac Vice) 5
Case 5:14-cv-05275-TLB Document 144-1 Filed 02/22/17 Page 1 of 4 PageID #: 7002 EXHIBIT A
Case 5:14-cv-05275-TLB Document 144-1 Filed 02/22/17 Page 2 of 4 PageID #: 7003 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS, FAYETTEVILLE DIVISION IN RE GLOBAL TEL*LINK CORPORATION LITIGATION CASE NO. 5:14-CV-5275 NOTICE OF CLASS ACTION LAWSUIT AGAINST GLOBAL TEL*LINK CORP. This Notice is to advise you of a class action lawsuit in the United States District Court, Western District of Arkansas, titled In re Global Tel*Link Corporation Litigation, Case No. 5:14-cv-5275 (the Lawsuit ), which might affect your rights. 1. What This Lawsuit is About Plaintiffs allege that Global Tel*Link Corporation ( GTL ) obtained exclusive contracts to provide inmate calling services ( ICS ) to inmates at correctional facilities throughout the United States in exchange for the payment of kickbacks or site commissions to the facilities. Plaintiffs claim that GTL then charged unjust and unreasonable interstate rates and deposit fees to ICS users in violation of the Federal Communications Act as well as state unjust enrichment law. Plaintiffs seek to recover these allegedly unjust charges for themselves and all Class members. GTL denies any wrongdoing, denies that it paid kickbacks or that it obtained exclusive contacts in exchange for kickbacks or commissions. GTL also contends that its interstate rates and deposit fees are lawful, just and reasonable. GTL asserts that payment of site commissions often is required by state and local contracts, those commissions are part of the cost of providing interstate calling services, and that its deposit fees are reasonable and comparable to those of other companies providing similar services. GTL also contends that users had the option to deposit funds without paying any deposit fees and asserts several additional defenses. By Order dated February 3, 2017, the Court ruled that the Lawsuit may proceed as a class action on behalf of a nationwide class and state subclasses (together referred to as the Class ) and has authorized the issuance of this Notice. 2. Who is Included in the Class a. All persons in the United States 1 who, at any time from April 24, 2012 to the present: (1) paid to use inmate calling services provided by Global Tel*Link. (including its operating subsidiaries) to make or receive one or more interstate phone calls from a correctional facility during a period of time when Global Tel*Link paid the facility a commission of any type in connection with the interstate calls; and/or (2) paid deposit fees to Global Tel*Link in order to fund a prepaid account used to pay for any interstate calls. 2 b. All persons who, while in Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, Nevada, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia or Wisconsin, at any time from April 24, 2011 to the present, paid to use inmate calling services provided by GTL (including 1 Excluded from the proposed Class are any persons who paid to use GTL s inmate calling services in order to make or receive telephone calls from a correctional facility in New Jersey. 2 Deposit fees are fees GTL charged to AdvancePay account holders for depositing money into AdvancePay accounts for purposes of paying to use GTL s interstate inmate calling services.
Case 5:14-cv-05275-TLB Document 144-1 Filed 02/22/17 Page 3 of 4 PageID #: 7004 its operating subsidiaries) to make or receive one or more interstate phone calls from a correctional facility during a period of time when GTL paid the facility a commission of any type in connection with the interstate calls. 3. Your Rights and Options In Response to This Notice a. You can remain a member of the Class If you would like to remain a member of the Class, you do not need to do anything at this time. If you remain a Class member, you will be bound by the result of this Lawsuit. If the Class is successful, you will share in any money that is recovered. If the Class is unsuccessful, you will not receive anything and you will be foreclosed from seeking other relief for the claims asserted by the Class in the Lawsuit. There is no guarantee that money will ever be obtained. However, if money is obtained, you will be notified about how to obtain your share (if any) if you are a member of the Class and do not exclude yourself from the Class. The Court has appointed the following law firms to serve as Class counsel: Kessler Topaz Meltzer & Check, LLP Berger Montague, P.C. 280 King of Prussia Road 1622 Locust Street Radnor, PA 19087 Philadelphia, PA 19103 Cohen Milstein Sellers & Toll, PLLC Saltz, Mongeluzzi, Barrett 1100 New York Avenue, NW & Bendesky, P.C. Suite 500 1650 Market Street, 52 nd Floor Washington, D.C. 20005 Philadelphia, PA 19103 Amy C. Martin, P.A. P.O. Box 765 Fayetteville, AR 72702 Liaison Counsel You also have the right to enter an appearance through an attorney of your choice, at your own expense. If you make such an appearance, you will be bound by the result of the Lawsuit to the same extent that you will be bound if you do not appear. b. You can exclude yourself from the Class If you do not want to be a member of the Class, you have the right to exclude yourself from the Lawsuit. If you exclude yourself, and the Class recovers money, whether by settlement or trial, you will not share in the recovery. If you exclude yourself from the Class, you will not be bound by any judgment that the Court may enter in the case. You will have the right to hire your own attorney and pursue any individual claims you may have against GTL. If you wish to be excluded, you must send a letter that states: 1) your name; 2) your address; and 3) the following statement: Please exclude me from the In re Global Tel*Link Corporation class action lawsuit. You must send your letter to Notice Administrator, c/o, P.O. Box,,. In order to be valid, your letter must be postmarked on or before [30 days after the notice mailing date].
Case 5:14-cv-05275-TLB Document 144-1 Filed 02/22/17 Page 4 of 4 PageID #: 7005 4. Questions about this Notice or About This Lawsuit If you have any questions, you may contact the Notice Administrator,, at this toll-free number: xxx-xxx-xxxx or visit www.[dedicatedclassnoticewebsite].com. Please do not contact the Court or GTL concerning this case. You may review the documents filed in this litigation at the office of the Clerk of the Court, United States District Court, Western District of Arkansas, 35 East Mountain Street, Fayetteville, Arkansas 72701-5354. PLEASE DO NOT CONTACT THE CLERK OF THE COURT REGARDING THIS NOTICE. Dated: BY ORDER OF COURT UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS